Everhart & Associates, Inc. v. Department of Environment, Health & Natural Resources

GREENE, Judge.

The North Carolina Department of Environment, Health and Natural Resources (DEHNR) appeals from the superior court’s reversal of the denial of Everhart & Associates, Inc. and Hettie Tolson Johnson’s (Developers) petition to develop land in Hyde County.

Developers applied to DEHNR’s Coastal Resources Commission (Commission) for a permit to develop land known as Tolson’s Island, located in Hyde County. The permit was denied by the Commission’s Division of Coastal Management (DCM), the agency to which the Commission has delegated permitting authority. In denying the permit request…